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SANDEEP V. MARNE
Vishwanath Sakharam Churi – Appellant
Versus
Vijay Sakharam Churi – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. This Revisionary jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (Code) is invoked by the Applicants for setting up a challenge to order dated 21 August 2024 passed by the learned Judge of the Small Causes Court, Mumbai rejecting the application filed by the Applicants seeking rejection of the Plaint under provisions of Order VII Rule 11 (d) of the.
2. Mr. Sayed, the learned counsel appearing for Respondent No. 1/Plaintiff raises of preliminary objection about maintainability of the present application relying on judgment of this Court in Jasraj Lalaji Oswal Vs. Raziya Mehboob Patel, 2020 (1) ABR 782. He would submit that Applicants have an alternate and equally efficacious remedy of filing of Revision under provisions of sub-Section (4) of Section 34 of the Maharashtra Rent Control Act, 1999 (MRC Act).
3. Mr. Karande, the learned counsel appearing for Petitioner seeks to distinguish the judgment of this Court in Jasraj Lalaji Oswal (supra) submitting that the judgment is rendered after recording a finding that the application for rejection of Plaint, if allowed in the facts of that case, would have affected substanti
Revisions under the Maharashtra Rent Control Act are maintainable only for orders affecting substantive rights, not procedural orders.
Amendments to pleadings must be permitted to ensure justice unless they alter the case's fundamental character; procedural orders not affecting substantive rights are non-revisable under Section 29(3....
Orders fixing reasonable rent under the Madras City Tenants Protection Act are appealable as decrees, clarifying statutory construction regarding appeal rights.
The main legal point established in the judgment is the requirement of filing a certified copy of the decree along with the memorandum of appeal, and the court's consideration of the maintainability ....
Point of Law : Object of s. 38(1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability.
Increase in rent under the Maharashtra Rent Control Act is not automatic but requires a formal demand by the landlord; failure to do so prior to suit renders the claim unmaintainable.
Objection to execution of decree must be raised at appropriate stage.
Revision petitions under Section 115 are non-maintainable against orders passed under Section 96; appeal should be under Section 100 of the Code of Civil Procedure.
Compliance with mandatory deposit requirements under Section 17 of the Provincial Small Causes Courts Act is essential for challenging an ex parte judgment, and procedural missteps do not invalidate ....
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